Applying for K-1 is fiance is in US

[Bhondu 0]

Does anyone know if I can apply for a K-1 fiancée visa if my fiancée is already in the US with a student visa? I really need to find out.

Any input would help. I know that she can marry me court here and file for a green card but she needs to travel to india soon and after getting married I don't think she is allowed to travel until she gets her travel documents.

Thankss

[aws&ndd 103]

Nope, the purpose of a K-1 visa is to ENTER the US to marry. If your fiancee is already here, there is no need for it. Marry, and file the CR-1 visa.

[C-ma'am 684]

Does anyone know if I can apply for a K-1 fiancée visa if my fiancée is already in the US with a student visa? I really need to find out.

Any input would help. I know that she can marry me court here and file for a green card but she needs to travel to india soon and after getting married I don't think she is allowed to travel until she gets her travel documents.

Thankss

Can you file the petition while she is here in the US? Yes, you can. That is no problem at all. She will undergo her interview in India later on.

You also have another choice that may be cost effective. Marry before she goes back to India, and file for a CR1 visa (a spousal visa). This way, you will be saving some time, and she will come back to the US with the ability to work almost right away.

[bigdog 376]

Can you file the petition while she is here in the US? Yes, you can. That is no problem at all. She will undergo her interview in India later on.

You also have another choice that may be cost effective. Marry before she goes back to India, and file for a CR1 visa (a spousal visa). This way, you will be saving some time, and she will come back to the US with the ability to work almost right away.

I like agree get married cheaper and easier to do.

[Bhondu 0]

Does anyone know if I can apply for a K-1 fiancée visa if my fiancée is already in the US with a student visa? I really need to find out.

Any input would help. I know that she can marry me court here and file for a green card but she needs to travel to india soon and after getting married I don't think she is allowed to travel until she gets her travel documents.

Thankss

Can she travel to India after we get married and apply for the CR-1 visa?

[C-ma'am 684]

Can she travel to India after we get married and apply for the CR-1 visa?

Yes, she can.

[aaron2020 11,651]

There is a better way than the CR-1 visa. You can just get marry while she is here on her student visa and adjust her status to green card holder.

Adjusting status would allow her to remain in the US during the process. The only downside (if you can call it that) is she cannot leave the US until she gets her AP document. It takes about 2 months to get the AP document after you file to adjust her status. If she leaves without the AP document or a green card, she will not be allowed back into the US without a CR-1 visa.

If she really needs to leave soon, she can ask for an expedited AP at one of the local offices.

Edited October 1, 2012 by aaron2020

[Bhondu 0]

Ok thanks guys.

So if we get married here in court and apply for the CR-1, she can travel to india the next day and then cannot re-enter until she gets her CR-1 which takes about 5 months. She can leave for India without AP documents only if she wants to return after her Cr-1 visa comes. If she stays for about 2 months and waits for the AP documents then she can come back whenever she wants. Is this correct?

Also, is the CR-1 the same as I-130F?

Another option is the I-485 which is adjustment of status.. the procedure will be the same there, she would have to get AP documents to travel to india.

She needs to go back to india in about 2 months.

thanks again.

[aaron2020 11,651]

Ok thanks guys.

So if we get married here in court and apply for the CR-1, she can travel to india the next day and then cannot re-enter until she gets her CR-1 which takes about 5 months. She can leave for India without AP documents only if she wants to return after her Cr-1 visa comes. If she stays for about 2 months and waits for the AP documents then she can come back whenever she wants. Is this correct? No. AP does not apply in a CR-1 case. AP only applies if she was adjusting.

Also, is the CR-1 the same as I-130F? No. I-130F does not exist. You start the process with an I-130. There will be other forms and other fees before the CR-1 visa is issued.

Another option is the I-485 which is adjustment of status.. the procedure will be the same there, she would have to get AP documents to travel to india.

She needs to go back to india in about 2 months.

thanks again.

AP only applies if she was adjusting status. It does not apply when she is pursuing an CR-1.

USCIS's goal for approval of the I-130 is 5 months, but this is only the first step. The wait for a CR-1 is 6-12 months. AP does not apply. She will be out of the US for 6-12 months. There is no way around this if this is the route you want to pursue.

Since, she is not leaving for 2 months. Why don't you get marry, file to adjust her status. and ask for an expedited AP at a local USCIS office? This eliminates any separation based on an immigration visa. This is the best way for you to do this.